PUBLIC LECTURE: THE IDEAL UGANDA

PUBLIC LECTURE: THE IDEAL UGANDA

BYPROFESSOR VENANSIUS BARYAMUREEBA, PhD

FEBRUARY 26, 2015, 18.00-20.00HRS KATONGA HALL, HOTEL AFRICANA, KAMPALAUGANDA, EAST AFRICA

OVERVIEW• Prologue • Orderly political transition• Separation of powers• National budget priorities • Uganda’s global competitiveness • Corruption• The Church and the State • Discussion • Q&A

PrologueWe have never had peaceful transfer of power:• 2 March 1966 Mutesa II overthrown by Obote• 25 January 1971 Obote overthrown by Amin• 11 April 1979 Amin –President for life

Overthrown by Tanzanians and various exiles • 20 June 1979 Lule overthrown• 12 May 1980 Binaisa overthrown• 27 July 1985 Obote overthrown by Lutwa • 26 January 1986 Lutwa overthrown by Museveni• ???

Prologue Cont’d• Separation of powers could be improved • National budget priorities are skewed towards

infrastructure, energy, defense and security• Education, health & agricultural sectors are ailing • Youth bulge is more of a demographic bomb than a

demographic dividend• Uganda’s global competitiveness is at its lowest • Corruption in Uganda is a growing concern • The Citizens social contract with government is a

matter of concern• The Church & the State: What can each do & not do?

Gen Museveni Jan 1986 - Present• In Jan 1986 I was 16 years old & today I’m 45 yrs• In 2016 Museveni will have served for 30 yrs– If we had two term limits of 5 yrs each; we would

have had at least 2 presidential transitions

• Uganda has lost at least two generations of Presidents

• NRM cadres who have made public their Presidential ambitions have been isolated?

• What should worry Ugandans are the many Presidential hopefuls within NRM and UPDF and others who have remained silent? What is their plan B?

Implications of Overstaying in Office• Sometimes being a friend means mastering the art of timing.

There is a time for silence. A time to let go & allow people to hurl themselves into their own destiny. And a time to prepare to pick up the pieces when it's all over. Gloria Naylor.

• Dying in office or being barred due to old age as per article 102 of the constitution

• Losing the Presidential Election in 2016 • Losing power through Military coup d’état• Constitutional Removal of the President from Office under

article 107 of the constitution

What does the bible say on Age? • The Bible in Psalms 90:10 says that “As for the

days of our life, they contain seventy years, or if due to strength, eighty years, yet their pride is but labor and sorrow; for soon it is gone and we fly away.” Even the word of God recognizes that after 70, as humans we may not be able to achieve as much as we would in our earlier years. Who are we to think otherwise?

Age Limit as per our constitution • Public servants 60 years• Chief Justice 70 years• President 80 years• We propose that the constitution be amended to

ensure that an Executive President does not serve beyond the age of 70. This would imply that for one to qualify for election as President he or she should not be more than 65 years of age. This is because of the seriousness of the powers bestowed on an executive President by the constitution of Uganda

Executive President• Article 98 (1) of the Constitution of Uganda

provides that there shall be a President of Uganda who shall be the Head of State, Head of Government, Commander-in-Chief of the Uganda Peoples’ Defense Forces and the Fountain of Honour.

• Article 99 (1) of the Constitution provides that the Executive Authority of Uganda is vested in the President and shall be exercised in accordance with the Constitution and the laws of Uganda.

• Power & Authority is concentrated in the President.

Executive Vs Ceremonial• Ceremonial Heads of State – Queen of UK– President of Israel– President of Federal Republic of Germany

• Executive Heads of State– President of USA– President of Uganda– Prime Minister of UK

• Ceremonial heads of state are usually very old• Executive Heads of State are usually young when

they first assume office e.g. Obote and Museveni– Without term limits they age while still in office

Implications of African Culture: Ugandan Culture

• A Ugandan will say I want term limits and age limit in the constitution entrenched

• Then you ask the same Ugandan a question whom will you vote for President in 2016? President Museveni

• Whom will you vote for President in 2021? President Museveni

• Ugandans don’t want to disappoint leaders who have stood by them even if its against their wishes. But they would be happy if the law did it.

Term Limits • Ensure that elected public officials cannot remain

in power indefinitely• May indeed remove an honest man from office

but overall it is a great safeguard against the incompetent, undutiful, corrupt and negligent

• Allow the new generations’ access to the government and ensures that the government always represents the people most honestly

• Ensure a wider range of perspectives in govt and prevent power from being consolidated in one person, which could easily happen due to the popularity or privilege of a particular individual

Term Limits • Term limits offer an automatic check on

consolidation of power. This rule makes it easier to replace ineffective leaders. As a result of election irregularities as it happens quite often in many African countries, Uganda inclusive, it is very hard for incumbents to lose elections and therefore term limits is one way of changing leadership at the top.

Advantages of Term Limits in Brief • Term limits prevent incumbents from using the benefits of

office to remain in power indefinitely• Term limits make room for fresh candidates and encourages

participation • Term limits stop politicians from making choices solely to

prolong their career or stay in office• The 22nd Amendment was passed by the Republican Congress

in 1947 & ratified in 1951, & it aimed to do to Franklin D. Roosevelt in death what his opponents couldn’t do to him in life: deny the President more than two terms. The first two it affected were Dwight D. Eisenhower and Ronald Reagan, both Republicans.

Disadvantages of term limits in Brief• Term limits take away the right of voters to be

served by the politician of their choice • Term limits result in a lack of experienced

politicians since with experience, comes greater skill

• Term limits may lead to cases where politicians approaching their term limit no longer have to worry about what voters think and it is the very fact that politicians need to go back to the voters for approval and reelection that keeps them responsive

So which way? • In the end the disadvantages to term limits pale in

comparison to the advantages. Citizens are truly affected when an incompetent, corrupt or negligent official fails to perform his or her duties and their everyday life is affected in a negative way. Term limits, help weed out the treacherous and vile, offer an alternative way to handle political transition and are especially important in a society where voters are not required to be educated and their simple susceptibility to demagogues makes the implementation of term limits absolutely mandatory, lest the population be enslaved by the most manipulative politician.

Presidential Term Limits & Age Limit • We need to reinstate Presidential term limits to

two consecutive terms of five (5) years each • We need to entrench presidential term limits in

our constitution• We need to entrench age limit in our

constitution such that one vacates the office of the President on turning 70 years

• THIS CALLS FOR ORDERLY POLITICAL SUCCESSION

Orderly Political Succession• Yoweri K Museveni is likely to be Franklin D.

Roosevelt of Uganda; So we need to think beyond Museveni era: We need to think of a Harry S. Truman who will reinstate term limits & institute various social and economic reforms

• We need to put in place institutional structures that can guarantee orderly political transition– Vice President/ Cabinet Ministers– Governors of Regional Governments• Central, eastern, northern, southern and western

– Senators of the upper house of Parliament– Successful CEOs/ MDs that are politically oriented

Federal System of Governance• Federalism is a system of government in which

the same territory is controlled by two levels of government i.e. the federal government and the regional governments (Central, Southern, Western, Northern & Eastern Regions)

• overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern

• The regional governments would be headed by executive governors

• The national government would be headed by the President

In a Constitutional Monarchy • Like Buganda the regional government would

have the King as the Head just like the Queen/King is the Head of the UK. The King would not have a political or executive role as these would be performed by the elected Governor of the Regional Government.

• The King would act as a focus for regional identity, unity and pride; giving a sense of stability and continuity; officially recognising success and excellence; and supporting the idea of voluntary service.

• This setup would sort out the Buganda question

Objectives of Regional Governments• Promotes democratic and accountable exercise

of power• Ensures checks and balances and the separation

of powers and prevents tyranny • Ensures equitable sharing of national and local

resources throughout Uganda• Promotes social and economic development and

the provision of proximate, easily accessible services throughout Uganda

Objectives of Regional Governments• Creates laboratories of democracy: regional

governments can experiment with policies, and other regional governments and the federal government can learn from their successes and failures;

• Leads to political stability: By removing the national government from some contentious issue areas, federalism would allow Uganda to achieve and maintain stability.

Objectives of Regional Governments• Encourages pluralism: Federal systems expand government on

national, regional, and local levels, giving people more access to leaders and opportunities to get involved in their government.

• Facilitates the decentralization of State organs, their functions and services, from Kampala;

• Fosters national unity by recognising diversity;• Gives powers of self – governance to the people and

enhances the participation of the people in the exercise of the powers of the State and in making decisions affecting them.

Objectives of Regional Governments• Recognises the right of communities to manage their own

affairs & to further their development;• Protects and promotes the interests and rights of minorities

and marginalised communities.• Fosters regional loyalties: Many Ugandans feel close ties to

their regions & federalism would maintain that connection by giving power to regions;

• Practices pragmatism: Running a country the size of Uganda, with such a diverse population, is much easier to do if power is given to local officials. Likewise, regional and local officials are closer to the problems of their areas, so it makes sense for them to choose policies to solve those problems.

Parliament of Uganda• Upper House, The Senate– Two representatives (male and female) of each regional

government– 10 representatives of political parties based on the party

strength in the house of representatives– A house of 20 Senators for population of 36M people

• Lower House, House of Representatives– 180 Constituency representatives of approx 200,000

people– 20 sits for interest groups like women, youth etc– A house of 200 MPs for a population of 36M people

•

Cost Effective and Efficient Cabinet • President• Vice President• 15 sector Cabinet Ministers• Attorney General• Government Chief Whip• We propose – that the position of Prime Minister be abolished and

powers of the office transferred to the Vice President– That cabinet Ministers have both executive and

accounting powers over the ministries and their tenure be secured in the constitution; we need to guard against unnecessary cabinet reshuffles.

Separation of powers • Separation of powers is a political doctrine

of constitutional law under which the three arms of government (executive, legislature, and judiciary) are kept separate to prevent abuse of power.

• Also known as the system of checks and balances, each arm is given certain powers so as to check and balance the other arms of government.

• Any good Constitution should not give any arm of government too much power.

Separation of Powers Provisions in the Constitution of Uganda

• Article 91 (1) provides that exercise of the legislative powers is vested in the Parliament of Uganda

• Article 99 (1) provides that the executive authority of Uganda is vested in the President

• Article 126 (1) provides that the exercise of judicial powers is vested in the Judiciary

Shortcomings in checks & balances• The President of the country is also the Party

Chairperson of the ruling party• The Executive is fused with the Party

parliamentary caucus and usurps the powers of Parliament

• The President may take 5 years before submitting to Parliament nominations for the positions of Chief Justice and Deputy Chief Justice; this a mockery of the 3rd arm of government- the Judiciary.

Strengthening Checks and balances• Key positions like that of Chief Justice should not

be vacant for more than 3 months• Cabinet should be able to pass a vote of no

confidence in the the President by 2/3 majority on grounds of incompetence or abuse of office

• All Cabinet Ministers should not be members of Parliament

• Speaker, Deputy Speaker & Leader of Opposition should not hold any positions in their parties

• The Party Chairperson should not qualify to be nominated as a Presidential Candidate

Proposed National Budget PrioritiesSector Sector

1. Education 20% 10. Justice 3.5%

2.Health 16% 11. Foreign & EAC Affairs 3.5%

3. Agriculture, Water and Environment 11% 12. Info, Communications & Tech 3.0%

4. Trade, Job Creation and Industry 06% 13. Finance and Planning 2.5%

5.Energy and Natural Resources 06%

14. Public Service 2.5%

6. Transport and Urban Development 06%

15. Youth, Gender, Culture & Tourism 1.5%

7. Defense 05%

16. Attorney General 0.5%

8. Security and Presidential Affairs 05%

17. Government Chief Whip 0.5%

9. Internal Affairs &Regional Govts 3.5% 18. Other Sectors/Miscellaneous 4.0%

‘’Uganda’s most outstanding priorities are defense and security; Without an army one can not have an economy, President Museveni during the 2014/2015 national budget workshop.

Uganda’s Global Competiveness• Competitiveness is the set of institutions,

policies, and factors that determine the level of productivity of a country; Global competitive index 2013-14 ranked Uganda 129th out of 148.

Pillars Pillars

1. Institutions 7.Lobour Market Efficiency

2. Infrastructure 8.Financial Market Development

3. Macroeconomic Environment 9. Technological Readiness

4. Health and Primary Education 10. Market Size

5. Higher Education & Training 11. Business Sophistication

6. Goods and Market Efficiency 12. Innovation

Corruption • The 2014 Corruption Perceptions Index by

Transparency International ranked Uganda among the most corrupt countries in the world. The same 2014 Corruption Perceptions Index ranked Rwanda 55th with a score of 49%, Tanzania 119th with a score of 31%, Uganda 142nd with a score of 26%, Kenya 145th with a score of 25% and Burundi 159th with a score of 20%.

• The 2014 Corruption Perceptions Index measured the perceived levels of public sector corruption in 175 countries and territories

Consequences of Public Sector Corruption

• Poorly equipped schools• Poor health services and counterfeit medicine• Poor infrastructure (like roads, railways and

buildings)• Incompetent workforce • Election rigging (elections decided by money) • Bribes and backroom deals don’t just fleece

resources from the most vulnerable – they undermine justice and economic development, and destroy public trust in government and its leaders.

Some of the Corruption Scandals • Mismanagement of about UGX 500 Billion

meant for 2007 Commonwealth Heads of Government Meeting (chogm) summit

• A Principal Account in the office of PM in 2012 misappropriated about UGX 5 Billion meant for PRDP in Northern Uganda

• UGX 169 Billion meant to clear outstanding claims of 1,018 former EAC workers embezzled

• Amman Industrial tool and Equipment Ltd contracted by Ministry of Local Government to supply 70,000 bicycles to LCs was paid about UGX 4 Billion but never delivered the bicycles

Strategies to Curb Corruption • Reinstate term limits– Politicians and diapers should be changed frequently

and all for the same reason. ~José Maria de Eça de Queiroz, translated from Portuguese

• Secure political will to fight corruption • Put in place salaries & remuneration commission• Enact laws to facilitate the recovery of wealth

acquired through corruption• Make corruption very unattractive• Demand for high standards of accountability

from public officers

Strategies to Curb Corruption Cont’d • Institute a reward system for performers and

whistle blowers• Promote E-government • Promote ethics and integrity among public

officers• Religious leaders must be seen to act even

publicly by refusing gifts linked to corruption• THIS REQUIRES US TO DISCUSS THE RELATIONSHIP BETWEEN

THE CHURCH AND THE STATE

• Remember that Ugandans have a social contract with the government of Uganda

Vatican City State • Vatican City State was founded following the signing of

the Lateran Pacts between the Holy See and Italy on February 11th 1929. These were ratified on June 7th 1929. Its nature as a sovereign State distinct from the Holy See is universally recognized under international law.

• State and government services: State departments; Judicial governing bodies; International relations; and Structure of Governorate.

www.vaticanstate.va/content/vaticanstate/en.html• The Holy See is the Ecclesiastical jurisdiction of the catholic

church of Rome, the Episcopal see of the Bishop of Rome—The Pope. It is the central point of reference for the church everywhere and the focal point of communion due to its prominence.

The Church and the State Papal/Apostolic nuncio is the title for an ecclesiastical

diplomat, being an envoy or permanent diplomatic representative of the Holy See to a state or international organization.

Both the church and the state have say in: • Human Rights, marriage• Education, Health, and other services• Employment, security and economy• Public Expenditure and corruption etc • Religious leaders should play an advisory role• The voices of religious leaders must be heard

Archbishop J. Kiwanuka Letter, 1961• God Almighty has appointed the charge of the

human race to two powers: the Church and the State. These two powers are distinct; each in its kind is supreme. Each one is a domain of its own, whose limits are defined by the nature and special object of the province of each. (Leo XIII Immortale Dei). ‘’What ever is consecrated to God, all matters concerning souls, religious and moral matters, is governed by the Church who judges them. On the other hand, whatever concerns government of people in temporal matters belongs to the realm of the State. (Immortale Dei).

Archbishop J. Kiwanuka Letter, 1961 • The state is bound by the laws of God. Civil rulers

have a duty to remember that God is the Authority above them, that He rules over everybody on earth & in heaven. They must relate all their activities to him, & in the exercise of their governmental duties, God is the Rule which they have obligation to follow. If a ruler, even when engaged in State duties, neglected to concern himself with religion, he would be openly violating God’s law & would thus refuse to achieve the end for which God created him as well as that for which He created the country that the ruler is governing.

Archbishop J. Kiwanuka Letter, 1961 • God himself made and established the two

authorities (Church and State) and commands all men and women to obey both powers. Each of these two powers has authority over the same subjects, and as it might come to pass that one and the same thing might belong to the jurisdiction of both, therefore God, who foresees all things, and is the Author of these powers.

• ‘’Romans 13: 1 Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God.’’ UG Motto- For God and My Country; Oath!

Discussion, Debate, Q&A, Thank You• God is central in whatever we do: Every Leader

takes an oath of office holding a Bible/Quran in the right hand. Also remember Uganda Motto –For God and My Country!!!

• Discussion by:– Dr. Robert Rutaagi, PhD and Dr. Patrick Wakida, PhD

• Public Debate and question and answer session moderated by Michael Niyitegeka, MBA

• www.facebook.com/baryamureeba• www.twitter.com/baryamureeba• For God and My Country, I thank You.